Michael L. Gurman

Partner

Michael is an accomplished health care and corporate attorney who represents a diverse range of clients in the health care industry, including skilled nursing and assisted living facilities, diagnostic and treatment centers, imaging centers, home health care agencies, management service organizations, and physician practices. He has extensive experience representing clients in mergers and acquisitions, equity investments, and other strategic transactions, and assists in developing and strategizing business structures and transactions in compliance with federal and state health care regulations. Michael counsels clients on transactional matters such as employment, shareholder, partnership, affiliation, and buy-sell agreements, and provides guidance with respect to daily corporate governance matters. He also regularly provides outside counsel services to a variety of entities including nursing home operators and large physician practices.

Education & Admissions

Education

  • University of Massachusetts

    (B.S., magna cum laude, 2008)

  • Boston University School of Law

    (J.D., cum laude, 2011)

Admissions

  • State of New York
  • State of New Jersey

Experience

REPRESENTATIVE EXPERIENCE

Corporate M&A Transactions

  • Represents owners, operators, and managers in complex mergers and acquisitions of long-term care businesses including skilled nursing and assisted living facilities and home care businesses throughout the United States.
  • Leads negotiations for a variety of agreements, including but not limited to purchase and sale agreements, operations transfer agreements, management services agreements, investment documents, and complex shareholder, operating, and partnership agreements.
  • Structures all aspects of acquisitions, including advising clients on equity and deal terms.
  • Experienced in the counseling of startup, emerging, and closely held businesses.
  • Advises clients on post-closing transactional matters including indemnification claims.
  • Advised and represented not-for-profit entities in the sale and dissolution process, including leading a request for proposal process to elicit the maximum sale proceeds.

Outside General Counsel

  • Assists clients with the negotiation and drafting of agreements, such as employment, independent contractor, administrative services, license, vendor services, marketing, and finder’s fee agreements.
  • Advises and counsels health care providers and management service organizations by providing oversight with corporate compliance and risk management.
  • Serves as outside general counsel handling a wide range of legal matters including formation, operations, and general business and commercial matters.
  • Represents a medical management services organization that provides administrative services to a medical provider that focuses on providing business-to-business medical care and testing services to patients by contracting with employers, including COVID-19 testing.
  • Acted as lead counsel for a large medical practice and affiliated management services organization located in New York and New Jersey on their day-to-day operations and growth from a six physician practice into a group practice with over 100 physicians that was valued at approximately $200 million at the time it was acquired by a private equity firm.
  • Represented a large radiology management services organization in New York City in regulatory and compliance issues and structuring various agreements, which included managed care agreements.

Regulatory Advice

  • Experience with structuring transactions to ensure compliance with relevant health care laws, including without limitation, various state corporate practice of medicine (CPOM) and fee-splitting prohibitions, HIPAA, and federal and state Stark and anti-kickback laws.
  • Reviews and advises on compliance issues relating to health care providers, including physicians, nurses, dentists, chiropractors, physical therapists, and mental health professionals.
  • Guides clients on the complex New York regulatory framework related to the certificate of need process for approvals for skilled nursing facilities, adult homes, ambulatory surgery centers and diagnostic and treatment centers.
  • Oversees the implementation and development of corporate compliance programs for various healthcare providers.

Publications & Presentations

Publications

  • “8 Merger and Acquisition Trends That Your Practice Should Keep in Mind,” Opthalmology Business Magazine (March 2017)

Involvement

PROFESSIONAL AFFILIATIONS

  • New York State Bar Association

Honors

  • Named to the Best Lawyers: Ones to Watch for Health Care Law (2021-2022)
  • Named to the New York Super Lawyers list of Rising Stars (2014-2021)